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(영문) 인천지방법원 2017.11.17 2017고단6519
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CD vehicle.

1. On August 16, 2017, the Defendant: (a) driven the said vehicle while under the influence of alcohol level of 0.178% during blood transfusion around 20:00 on August 16, 2017; (b) led to the direct driving of the roads in front of Incheon Seo-gu, Incheon.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant neglected to do so, and neglected to neglect this, caused the part of the G G 3 car driving by the victim F (54 tax) in front of the Defendant’s vehicle, which was driven by the victim F (54 tax) who was in front of the Defendant’s vehicle, and was parked on the right side of the Defendant’s moving direction by negligence, the Defendant shocked the part behind the left side of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim due to the above occupational negligence during the two-day period of medical treatment.

2. On August 12, 201, the Defendant is a person who has violated the provisions related to drinking, such as receiving a fine of KRW 2.5 million from the Incheon District Court on August 8, 201 to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking) in the Busan District Court’s Branch Branch of the Incheon District Court on August 12, 201, and receiving a fine of KRW 5 million from the Incheon District Court on August 8, 2016 to a fine of KRW 5 million.

On August 16, 2017, the Defendant is 0.178% of alcohol content in blood without the driver’s license from the inspection team located in Seo-gu Incheon Metropolitan City king-dong to the accident site described in paragraph 1.

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